Gov. Doug Ducey asks EPA for power to regulate Arizona streams; Rose Law Group Founder, President Jordan Rose comments

The Rillito River, running full near North Craycroft Road, would not be protected under a proposal from Gov. Doug Ducey giving the state more power. /Mike Christy / Arizona Daily Star 2014

By Tony Davis | Arizona Daily Star

ov Doug Ducey has asked the EPA to revise federal rules to give states the power to decide which streams will be protected as “Waters of the U.S.” That power can have huge impacts over how strictly development along those streams is regulated, such as subdivisions and mines whose construction requires dredging and filling of water bodies.

In a letter to Environmental Protection Agency Administrator Scott Pruitt, Ducey also argues that ephemeral streams and washes — those that carry water only after storms — shouldn’t be protected under that rule. Those are the overwhelming majority of watercourses in Arizona and Pima County.

Only year-round and intermittent streams, which carry water part of the year, should be protected, Ducey wrote.


Jordan Rose works with developers and landowners on issues relating to designations for waters of the U.S. “The Governor is right to be pushing to allow the state to set up a system to regulate our waters and remove that responsibility from the federal government,” she said.